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An equal right to inherit? Women's land rights, customary law and constitutional reform in Tanzania

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journal contribution
posted on 2023-06-09, 09:35 authored by Helen DancerHelen Dancer
This article explores contemporary contestations surrounding women’s inheritance of land in Africa. Legal activism has gained momentum, both in agendas for law reform and in test case litigation, which reached United Nations Committee on the Elimination of Discrimination against Women in ES and SC v. United Republic of Tanzania. Comparing the approach of Tanzania to that of its neighbours, Uganda, Kenya and Rwanda, this article explores patterns of resistance and omission towards enshrining an equal right to inherit in land and succession laws. It identifies two main reasons: neoliberal drivers for land law reform of the 1990s and sociopolitical sensitivity surrounding inheritance of land. It argues that a progressive approach to constitutional and law reform on women’s land rights requires understanding of the realities of claims to family land based on kinship relations. It calls for a holistic approach to land, marriage and inheritance law reform underpinned with constitutional rights to equality and progressive interpretations of living customary law.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Social and Legal Studies

ISSN

1461-7390

Publisher

SAGE Publications

Issue

3

Volume

26

Page range

291-310

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-01-03

First Open Access (FOA) Date

2018-01-03

First Compliant Deposit (FCD) Date

2018-01-03

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